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All Journal Jurnal Daulat Hukum JUSTITIA JURNAL HUKUM Morality :Jurnal Ilmu Hukum Jurnal Ilmu Hukum Tambun Bungai Britain International of Humanities and Social Sciences (BIoHS) Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal Evidence Of Law Journal of Law, Poliitic and Humanities Golden Ratio of Data in Summary Journal Research of Social Science, Economics, and Management Eduvest - Journal of Universal Studies Innovative: Journal Of Social Science Research Dinamika Hukum Dan Masyarakat Al-Zayn: Jurnal Ilmu Sosial & Hukum Journal of Innovative and Creativity Horizon: Indonesian Journal of Multidisciplinary
Rizki Setyobowo Sangalang
Fakultas Hukum Universitas Palangka Raya
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Neuroscience Public Health Social Sciences Other

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Access to Justice for Persons with Mental Disabilities as Victims of Sexual Violence: A Case Study of Palangka Raya Jeni Yestari; Suriansyah Murhaini; Claudia Yuni Pramita; Rizki Setyobowo Sangalang
JUSTITIA JURNAL HUKUM Vol 10 No 1 (2026): Justitia jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v10i1.30288

Abstract

Sexual violence against persons with mental disorders (ODGJ) raises serious legal issues related to the fulfillment of victims' rights and access to justice, particularly due to the victims’ limited capacity to provide testimony and defend themselves in criminal proceedings. This study aims to analyze the forms of legal protection and the effectiveness of regulatory implementation in handling ODGJ as victims of sexual violence in Palangka Raya City. This research employs an empirical legal research method through field data collection and analysis of relevant legal frameworks. The findings indicate that although Law No. 12 of 2022 concerning Sexual Violence Crimes and Law No. 17 of 2023 concerning Health provide a normative basis for victim protection, their implementation remains limited in practice. In Palangka Raya, several specific obstacles were identified, including the absence of specialized psychological assessment mechanisms to support victim testimony, limited availability of mental health experts during the investigation process, and the lack of standardized procedures for adapting examination techniques to victims with mental disabilities. In addition, the absence of integrated service facilities and limited training for law enforcement officers regarding disability-sensitive approaches further complicate the handling of such cases. This study emphasizes that legal protection for ODGJ victims of sexual violence requires a more comprehensive approach through capacity building for law enforcement officials, adaptive evidentiary mechanisms, and stronger institutional coordination to ensure the effective fulfillment of victims’ rights.
Reformulation of the Regulation of the Criminal Offence of Refusing to Testify as a Witness in the Reform of Indonesian Criminal Law Hank Mengket, Stephen; Wijaya, Andika; Setyobowo Sangalang, Rizki; Nugraha, Satriya
Journal Evidence Of Law Vol. 5 No. 2 (2026): Journal Evidence Of Law (Agustus)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v5i2.2433

Abstract

This study examines the reformulation of the criminal offence of refusing to testify under Indonesian criminal law and proposes a rights-based graduated liability model that reserves criminal punishment for deliberate and persistent refusal after procedural safeguards, witness protection, and less restrictive measures have proven ineffective. Employing normative juridical research with statutory and conceptual approaches, the study analyzes the National Criminal Code, criminal procedural law, relevant criminal law doctrines, and the legal framework governing witness rights and obligations through descriptive and prescriptive methods. The findings reveal that the existing regulation risks overcriminalization because it does not sufficiently distinguish between culpable refusal to comply with a lawful obligation, the lawful exercise of the privilege to refuse testimony (hak ingkar) or the privilege against self-incrimination, and excusable non-compliance arising from compelling force, serious threats, or objectively unavoidable circumstances. Although the criminalization of unjustified refusal possesses philosophical, sociological, and juridical legitimacy in protecting the administration of justice, its application must remain subject to the principles of legality, culpability, proportionality, subsidiarity, and human rights protection. As an ius constituendum, this study proposes a graduated regulatory framework consisting of procedural clarification and renewed summons, protection intervention where threats or vulnerability exist, proportionate non-penal compliance measures, and criminal sanctions only as an ultimum remedium. The theoretical novelty of this study lies in reconceptualizing refusal to testify through a rights-based criminalization framework that integrates the witness’s legal obligation to participate in judicial proceedings with the state’s reciprocal obligation to guarantee procedural rights and effective protection. This reformulation provides clearer normative boundaries for distinguishing punishable refusal from legally protected or excusable non-compliance, thereby strengthening legal certainty while preventing the overcriminalization of vulnerable witnesses.
A Legal Analysis of the Management of the Lewu Tehang Indigenous Territory and Indigenous Forest as Set Forth in the Dayak Ngaju Lewu Tehang Customary Law Yosefa Sefta; Rico Septian Noor; Yacob F. Martono; Rizki Setyobowo Sangalang
Journal Research of Social Science, Economics, and Management Vol. 5 No. 12 (2026): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v5i12.1603

Abstract

This article analyzes the juridical management of the customary territory and customary forest of Lewu Tehang within the framework of the customary law of the Dayak Ngaju Lewu Tehang. This research was researched with empirical juridical and normative juridical research methods aimed at uncovering the alignment between the norms of Dayak customary law ngaju lewu tehang and national regulations, including the recognition of indigenous peoples' rights to customary forests. Based on Article 18B paragraph (2) of the 1945 Constitution: the Indonesian state recognizes and respects the unity and unity of customary law communities and their rights as long as they are alive and in accordance with the development of society and the principles of the Republic of Indonesia. Based on this Law, the unitary state of the Republic of Indonesia recognizes and protects the existence of customary law communities, so with Law no. 6 of 2014 concerning villages and the decision of the Minister of Environment and Forestry of the Republic of Indonesia. That after there is a recognition from the Regent of Gunung Mas regarding the protection and recognition of Indigenous peoples, it is necessary to make regulations on the management of customary territories; The rules of Lewu Tehang customary rules so far have only been oral, so it needs to be made in writing, to be a guideline for the customary law community and other related parties; Customary territories need to be managed for the welfare of customary law communities, which are sustainable
A Juridical Analysis of the Elements of Intentionality and Negligence in Criminal Acts Gogon Perdana A. Putra; Rizki Setyobowo Sangalang; Claudia Yuni Pramita
Golden Ratio of Data in Summary Vol. 6 No. 3 (2026): May - July
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v6i3.2113

Abstract

This research aims to legally examine the elements of intentionality and negligence in criminal acts as the basis for a person's criminal responsibility. The main problem in this study is how the concepts of intentionality and negligence are understood in criminal law and how they are applied in criminal justice practice. This research uses a normative legal research method with a literature study approach, namely by examining various sources such as laws and regulations, opinions of criminal law experts, and court decisions related to the research topic. The results of the study show that intentionality and negligence have quite fundamental differences in determining the fault of the perpetrators of criminal acts. Intentionality occurs when a person commits an act with the will or awareness that his act may cause consequences that are prohibited by law. Meanwhile, negligence occurs when a person is not careful or ignores the obligation to act carefully so as to cause harm or adverse consequences to others. The difference between the two elements affects the evidentiary process in court, the determination of whether or not the elements of the criminal act are met, and the severity of the criminal sanctions imposed. Therefore, the precise determination of whether an act was committed intentionally or due to negligence is essential to ensure justice, legal certainty, and the application of proportionate punishment in the criminal justice system.
A Study of Unlawful Acts in the Indonesian Legal System Theofilus Immanuel Pastika Hutabarat; Andika Wijaya; Rizki Setyobowo Sangalang; Charles Hutapea
Golden Ratio of Data in Summary Vol. 6 No. 2 (2026): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v6i2.2115

Abstract

Unlawful acts are a fundamental concept in Indonesian civil law as stipulated in Article 1365 of the Civil Code as the basis for liability for losses incurred to other parties. Along with the development of society, the meaning of unlawful acts is not only limited to violations of the law, but also includes violations of subjective rights, legal obligations, moral norms, and the principle of propriety. This study aims to analyze the concept and application of unlawful acts in Indonesian civil law by using normative legal research methods through legislative, conceptual, and case approaches. The results of the study show that unlawful acts play an important role in legal protection, but there are still differences in judges' interpretations of its elements that have the potential to cause legal uncertainty. Therefore, consistency of interpretation and strengthening of jurisprudence is needed to realize justice, legal certainty, and utility.
Juridical Analysis of Criminal Sanctions Against Perpetrators of Money Games Using a Ponzi Scheme Model Frizzy Rivaldy Anugrah; Rollys Suriani; Rizki Setyobowo Sangalang; Kristian Kristian
Jurnal Daulat Hukum Vol 9, No 1 (2026): March 2026
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v9i1.52146

Abstract

The rapid development of financial technology has contributed to the emergence of various digital investment platforms, some of which are misused to conduct illegal activities such as Ponzi schemes. A Ponzi scheme is a fraudulent investment model that promises unusually high returns within a short period by using funds from new participants to pay earlier investors rather than generating legitimate profits. This study aims to analyze law enforcement against perpetrators of Ponzi schemes, particularly the legal implications for upline actors and the legal protection available for victims. The research employs a normative juridical method using statutory and case study approaches, with legal materials derived from legislation, legal literature, and related references. The findings indicate that Indonesia does not yet have specific regulations governing Ponzi scheme practices. Nevertheless, perpetrators may be prosecuted under Article 378 of the Criminal Code concerning fraud, Article 103 of Law Number 8 of 1995 on Capital Markets, and Article 28 paragraph (1) of Law Number 11 of 2008 on Electronic Information and Transactions as amended by Law Number 19 of 2016. Therefore, stronger and more specific regulations are needed to provide legal certainty and better protection for victims.
LEGAL CERTAINTY IN EVIDENCE MANAGEMENT AND CRIME-PROVED ASSETS Amellia Dhini Pangestu; Rizki Setyobowo Sangalang; Claudia Yuni Pramita; Yurika Fahliany Dewi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.22024342

Abstract

Study This analyze in a way normative arrangement law about management goods evidence and assets results crime in regulation applicable laws and regulations as well as evaluate its suitability with principle certainty law . The study was conducted through study law normative with approach legislation and conceptual , using material primary law in the form of the Criminal Procedure Code and laws sectoral related ( including the Corruption Eradication Law , the Money Laundering Law, and the Narcotics Law ), as well as material law secondary in the form of literature and articles scientific . Research results show that arrangement management goods evidence and assets results crime has provide base legality action confiscation , storage , return and seizure , including protection to party third party in good faith good . However , the settings are spread out in a number of regime law show trend potential fragmentation of norms cause difference interpretation and application . In perspective theory certainty law , condition the confirm the need harmonization and strengthening integration arrangements so that norms are more consistent , easy predicted, as well as give clear guidelines​ for enforcer law and parties interested .
Batas Hukum Pidana bagi Masyarakat dalam Memviralkan Identitas Pelaku Kejahatan di Media Sosial Wijaya, Andika; Setyobowo Sangalang, Rizki; Oktavia Rinie, Yeni Priskia
HORIZON: Indonesian Journal of Multidisciplinary Vol. 4 No. 3 (2026): HORIZON: Indonesian Journal of Multidisciplinary
Publisher : Lembaga Intelektual Muda (LIM) Maluku

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54373/bpnf2026

Abstract

This study aims to analyze the limitations of criminal law in making the identity of a criminal go viral, as well as the synchronization between the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP). The study uses a normative juridical method with a statute approach and a conceptual approach. The research data consists of primary, secondary, and tertiary legal materials collected through library research. Data analysis was conducted using descriptive qualitative methods using deductive legal reasoning to examine the relationship between personal data protection norms and public participation in law enforcement. The results show that the act of making the identity of a criminal go viral can be qualified as doxing if it is done with an intentional element (mens rea) to damage a person's dignity or disseminate personal data without authorization. Legal limitations require society to respect the principle of the presumption of innocence, the protection of permanent digital traces, and digital ethics in the use of social media. The synchronization between the ITE Law and the PDP Law forms a complementary legal framework, where legal certainty is achieved when public participation is channeled through official reporting mechanisms to law enforcement officials. This study's limitation lies in the use of a normative approach that has not examined empirical implementation in the field. Therefore, further research is recommended to use an empirical approach to evaluate the effectiveness of the ITE Law and the PDP Law in addressing doxing practices and digital vigilantism.  
HANDLING CASES OF DOMESTIC VIOLENCE BY THE CENTRAL KALIMANTAN REGIONAL POLICE Norjanah; Kiki Kristanto; Rizki Setyobowo Sangalang
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21862463

Abstract

This study aims to analyze the implementation of Law Number 23 of 2004 on the Elimination of Domestic Violence (KDRT) in handling domestic violence cases by law enforcement officers in Palangka Raya and to explore the challenges and obstacles faced by social institutions and law enforcement in protecting victims. This research uses an empirical juridical approach with a descriptive method to illustrate the handling process of domestic violence and evaluate the effectiveness of victim protection. The findings show that although law enforcement has followed the procedures outlined in the Domestic Violence Law, significant challenges remain, such as low case continuation after reporting, social stigma against victims, and limited resources such as safe houses and internal psychologists. Furthermore, coordination between law enforcement and social institutions is not optimal, hindering the effectiveness of victim protection. Therefore, this study recommends enhancing law enforcement training, strengthening social institutions, and expanding public education about the rights of domestic violence victims to improve legal protection and case continuity.
Co-Authors Achmad Adi Surya G Achmad Adi Surya Guntur Silam Adelia Dwi Karsanegara Aini Happy Patricia Alvin Nur Aulia Amellia Dhini Pangestu Andhyka Triwan Putra Andika Wijaya Andika Wijaya Andika Wijaya, Andika Aprilianto Aden Ariandi, Exy Aristoteles Aristoteles Benaya Milionhart Betty Fetricia Tampubolon Budi Iman Santoso Charles Hutapea Claudia Yuni Pramita Claudia Yuni Pramita Dea Anggraini, Magdalena Dinda Ani Kusumawati Edwan Devka Pratama Efni Ery Susanti F. Martono, Yacob Fabiyana Dasoge Fahriani Fahmi Frizzy Rivaldy Anugrah Gandik Prasetyo Budi Gogon Perdana A. Putra Halisa, Fetty Hank Mengket, Stephen Heriamariaty Heriamariaty Indang Sulastri Ivans Januardy Jagad Satria Jefri Wandari Jeni Yestari Kiki Kristanto Kiki Kristanto Kristanto, Kiki Louise Theresia Madeline Gracelia Marisa Hawini Marolop Alfredo Siregar Michael Roberto Norjanah Novia Nuraliah Ali Oktarianus Kurniawan Oktavia Rinie, Yeni Priskia Peale, Norman Pebri Agung Prabowo, Supriyadi Prasta Rully Andika Pratiwi, Putri Fransiska Purnama Renhard Imanuel Rico Septian Noor Rollys Suriani Ronaldi Ronggo Wicaksono, Restu Satriya Nugraha Selamet Haryono Selvi Sitholabi Sitholabi Suriansyah Murhaini Tahasak Sahay Tahasak Sahay Thea Farina Theofilus Immanuel Pastika Hutabarat Ucan Untung Surapati Wahyu Sedewo, Surya Yacob F. Martono Yacob Ferdinan Martono Yosefa Sefta Yurika Fahliany Dewi